The Discretionary President by Benjamin A Kleinerman

The Discretionary President by Benjamin A Kleinerman

George W. Bush's use of the war on terror to justify the creation of a unitary executive, acting outside and even against the law, was a source of praise and blame for his administration. Immediately after 9/11, a constitutionalist would have worried about the peril of executive power, but today he might worry that we ignore its promise and distrust discretionary actions that truly ought to be taken by presidents in times of peril. Benjamin Kleinerman addresses the fundamental question of what role discretionary executive power should play in a constitutional order, reexamining what has become an intractable debate to show that what can destroy our Constitution also has the potential to save it. Kleinerman traces this problem from Hobbes through Lincoln to address one of the central dilemmas of our post-9/11 age: how to empower the president to respond to legitimate threats without endangering the constitutional order. He stakes out a middle ground in this highly contentious debate, affirming that a president has the discretionary power to act for the public good without statutory authorization - but warning that, to remain constitutional, it must be truly discretionary power that could not be legalized. Kleinerman articulates and defends a 'constitutional politics of necessity', best exemplified by Lincoln, in which opponents should call on presidents to defend the necessity of exceptional actions and explain why they had to be taken outside the existing legal framework, beyond simply being 'for the public good'. He observes that Lincoln acknowledged the illegality of his actions while claiming their necessity but that Bush claimed powers as if they were permanent. He also reexamines separation of powers in light of executive discretion, suggesting that, during times of insecurity, discretionary executive power can be devoted to preservation of the Constitution so long as the other branches remain vigilant. Kleinerman argues for a president sufficiently strong to take actions without which we cannot be secure yet sufficiently circumscribed that such actions do not become the norm. His book delineates the tough distinctions citizens need to make between the necessary exercise of extraordinary powers and the dangerous aggrandizement of unnecessary power.

A distinguished study of executive power that is wise, practical, and constitutionally soundHarvey Mansfield, author of Taming the Prince: The Ambivalence of Modern Executive Power ""There is no one - lawyer, political scientist, historian, or concerned citizen - who will not learn a great deal from and not be challenged by Kleinerman's well-written and heartfelt arguments."" Sanford Levinson, author of Our Undemocratic Constitution ""It is hard to believe that anyone writing today has something genuinely new and important to say about the classic tension between law and executive power, but Ben Kleinerman does. This book is ambitious, lucid, probing, and wise."" Jeffrey Tulis, author of The Rhetorical Presidency

Benjamin A. Kleinerman is assistant professor of constitutional democracy at Michigan State University.

SKU	Nicht verfügbar
ISBN 13	9780700616657
ISBN 10	0700616659
Titel	The Discretionary President
Autor	Benjamin A Kleinerman
Buchzustand	Nicht verfügbar
Verlag	University Press of Kansas
Erscheinungsjahr	2009-09-30
Seitenanzahl	336
Hinweis auf dem Einband	Die Abbildung des Buches dient nur Illustrationszwecken, die tatsächliche Bindung, das Cover und die Auflage können sich davon unterscheiden.
Hinweis	Nicht verfügbar